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PostPosted: Tue Sep 06, 2005 10:06 am 
J.D on this we agree :wink:
A survey is not a requirement in law. A survey is only useful if a council wishes to defend its policy in a court of law. It is up to the person or persons who have been refused a license to actually challenge the survey evidence if they are aggrieved at being refused a license.

mrT.. :-o


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PostPosted: Tue Sep 06, 2005 10:14 am 
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JD wrote:
Skull wrote:
So, the council by commissioning the Jacobs Report and Jacobs failing to assess the increases in he Ph and the opening up of the airport as per the criteria of the report as laid down by the CEC is on a sticky wicket then.

A bit long winded but I think you get the point.

“Hoist by their own petard” perhaps.


You have to realise and I'm sure you do that in order to obtain something you first have to apply? Until those people at the Airport actually apply for a license and are refused they are not aggrieved applicants. They probably wouldn't even be granted a judicial review until they were aggrieved applicants and they had gone through the proper process of being aggrieved? The evidence in the unmet demand report is immaterial because it is only a tool for Edinburgh council to help them fend off a legal challenge.

A survey is not a requirement in law. A survey is only useful if a council wishes to defend its policy in a court of law. It is up to the person or persons who have been refused a license to actually challenge the survey evidence if they are aggrieved at being refused a license.

The best way forward for 3maxblack would have been to challenge the decision of Sheriff Mackie. I would have thought that was the better of the two options available to them.

Regards

JD



The Airport drivers have applied just like us and are waiting to be refused on the bases of the Jacobs Report. Apparently they have already been into court only to be told about the period of extension in which the Council have to come by their decision.

The Airport drivers are out of a job at the end of the year and will be forced to seek employment in the city as rental drivers.

They are not very happy about this. :wink:


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PostPosted: Tue Sep 06, 2005 10:25 am 
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Skull wrote:


The Airport drivers have applied just like us and are waiting to be refused on the bases of the Jacobs Report. Apparently they have already been into court only to be told about the period of extension in which the Council have to come by their decision.

The Airport drivers are out of a job at the end of the year and will be forced to seek employment in the city as rental drivers.

They are not very happy about this. :wink:


I wasn't aware they had applied for a license or indeed at what date they lodged their application? Just how many license applications did Edinburgh receive and when?

Regards

JD


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PostPosted: Tue Sep 06, 2005 11:01 am 
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JD wrote:
Skull wrote:


The Airport drivers have applied just like us and are waiting to be refused on the bases of the Jacobs Report. Apparently they have already been into court only to be told about the period of extension in which the Council have to come by their decision.

The Airport drivers are out of a job at the end of the year and will be forced to seek employment in the city as rental drivers.

They are not very happy about this. :wink:


I wasn't aware they had applied for a license or indeed at what date they lodged their application? Just how many license applications did Edinburgh receive and when?

Regards

JD



There are about 35 applications or more and we estimate around 20 are from the airport.

All the applications are now outwith the statutory 6 month decision making period.



I think the last application lodged was maybe July but that was just a one off all the rest were about February March of this year.


I would have to check this up but you see where we are.


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PostPosted: Tue Sep 06, 2005 2:04 pm 
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Skull wrote:
JD wrote:
Skull wrote:


The Airport drivers have applied just like us and are waiting to be refused on the bases of the Jacobs Report. Apparently they have already been into court only to be told about the period of extension in which the Council have to come by their decision.

The Airport drivers are out of a job at the end of the year and will be forced to seek employment in the city as rental drivers.

They are not very happy about this. :wink:


I wasn't aware they had applied for a license or indeed at what date they lodged their application? Just how many license applications did Edinburgh receive and when?

Regards

JD



There are about 35 applications or more and we estimate around 20 are from the airport.

All the applications are now outwith the statutory 6 month decision making period.



I think the last application lodged was maybe July but that was just a one off all the rest were about February March of this year.


I would have to check this up but you see where we are.


I suggest you all get together and formulate a concerted plan of action. There is ample evidence to suggest that the council never had any intention of processing these applications within the six-month time frame and the reason for this was not one of natural justice but one of policy.

If it was a case of intentionally failing to carry out its administrative duties in processing the applications, until such time it was in possession of the survey then a case might be made that your legitimate expectations of obtaining a license was considerably reduced under the act of 1982.

It is clear to me and always has been that the reasons Edinburgh applied for an extension had nothing whatsoever to do with administration fatigue and everything to do with intentional delaying tactics in order to support a predetermined council policy.

If you were not informed by the council when you first lodged your application that they were not going to process your application within the six month time frame and until they were in possession of the unmet demand survey, regardless of how long that process took? Then you had no legitimate expectation of obtaining a license within the six-month statutory period allowed by law and under those circumstances you should have been informed as such.

The way forward is for everyone to get together and appeal the Sheriffs decision, the very least you might get out of this is the return of your application fees.

Regards

JD.


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PostPosted: Tue Sep 06, 2005 2:30 pm 
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"The Airport drivers are out of a job at the end of the year and will be forced to seek employment in the city as rental drivers.

They are not very happy about this." my heart bleeds for them but they may still have enough funds from the money they got when selling their last plates BSTARDS!!!!!!!!!!!!!!!!


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PostPosted: Tue Sep 06, 2005 2:55 pm 
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diesel wrote:
"The Airport drivers are out of a job at the end of the year and will be forced to seek employment in the city as rental drivers.

They are not very happy about this." my heart bleeds for them but they may still have enough funds from the money they got when selling their last plates BSTARDS!!!!!!!!!!!!!!!!


Are you not holding on to your plate value to sell it on sometime in the future?

Makes you wonder what all the fuss is about, all these plate holders who don't want to profit from their plates? :shock:


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PostPosted: Thu Sep 08, 2005 4:01 am 
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JD wrote:
Skull wrote:
JD wrote:
Skull wrote:


The Airport drivers have applied just like us and are waiting to be refused on the bases of the Jacobs Report. Apparently they have already been into court only to be told about the period of extension in which the Council have to come by their decision.

The Airport drivers are out of a job at the end of the year and will be forced to seek employment in the city as rental drivers.

They are not very happy about this. :wink:


I wasn't aware they had applied for a license or indeed at what date they lodged their application? Just how many license applications did Edinburgh receive and when?

Regards

JD



There are about 35 applications or more and we estimate around 20 are from the airport.

All the applications are now outwith the statutory 6 month decision making period.



I think the last application lodged was maybe July but that was just a one off all the rest were about February March of this year.


I would have to check this up but you see where we are.


I suggest you all get together and formulate a concerted plan of action. There is ample evidence to suggest that the council never had any intention of processing these applications within the six-month time frame and the reason for this was not one of natural justice but one of policy.

If it was a case of intentionally failing to carry out its administrative duties in processing the applications, until such time it was in possession of the survey then a case might be made that your legitimate expectations of obtaining a license was considerably reduced under the act of 1982.

It is clear to me and always has been that the reasons Edinburgh applied for an extension had nothing whatsoever to do with administration fatigue and everything to do with intentional delaying tactics in order to support a predetermined council policy.

If you were not informed by the council when you first lodged your application that they were not going to process your application within the six month time frame and until they were in possession of the unmet demand survey, regardless of how long that process took? Then you had no legitimate expectation of obtaining a license within the six-month statutory period allowed by law and under those circumstances you should have been informed as such.

The way forward is for everyone to get together and appeal the Sheriffs decision, the very least you might get out of this is the return of your application fees.

Regards

JD.


I meant to answer this post but forgot I hadn't.

Thanks for that. The next few months is going to be interesting to say the least. :wink:


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PostPosted: Thu Sep 08, 2005 7:01 am 
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Skull wrote:
Thanks for that. The next few months is going to be interesting to say the least. :wink:

As have the last few years. :D

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